ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Immigration Law Blogs on ILW.COM

Are Trump's Orders to Deport Non-Criminal Immigrants, and Bar Muslims and Refugees, a Return Toward 1924 Europe-Only Quotas? Roger Algase

Rate this Entry
The following comment has been updated and revised as of 9:48 am on January 28.

The week which ended on January 27, 2017 could well go down as one of the darkest periods in America's immigration history in the past century. On this day, Donald Trump announced that he has signed, or is about to sign an executive order containing one of the most drastic restrictions against immigrants based on ethnicity and religion, not on individual merit or conduct, since the infamous national origins quotas of the Johnson Reed Immigration Act of 1924.

Taken together, all of Trump's executive orders affecting immigration during this past week can be looked at as the first two prongs of a three-pronged attempt to change America's entire system of immigration and citizenship back to the Europeans-only ideology of the 1924 law.

The first prong of this policy, evident in his order redefining the term "criminal alien" to include unauthorized immigrants who have merely been charged with a crime, but not convicted, will make it much easier to deport millions more people under the pretext of "getting rid" of "criminal" immigrants than would otherwise be the case. See below.

The second prong is barring immigrants from selected Muslim countries and all refugees from anywhere in the world from our shores, as Trump did on January 27.

The third, and most likely inevitable, prong will be attempting to take away birthright citizenship for millions of non-white American-born children.

Trump's latest executive order, handed down in the most authoritarian manner allowed by our law, namely by presidential decree without any required consent by or even consultation with Congress, will bar all refugees from everywhere in the world for at least the next four months from coming to the United States (do not be surprised if this winds up being extended for four years - or longer). Syrian refugees will be barred indefinitely.

Trump's latest order will also bar all immigrants from certain Muslim, mainly Arab, countries of the Middle East and Africa until further notice (most likely, no doubt, during the rest of Trump's presidency) This list can be extended and no one should be surprised if it is, again by authoritarian executive decree.

For more on the contents of the order, see:

http://www.politico.com/story/2017/0...rorists-234290

This goes far beyond what any reasonable observer could say is needed for national security, especially with regard to refugees, who have a generally peaceful, law abiding record in the US.

To the contrary, it shows every sign of being part of a larger agenda, one which has been openly hinted at by close Trump advisors such as Attorney-General designate Jeff Sessions (in a January 2015 immigration "Handbook" which I have mentioned a number of times in recent ilw.com comments), and also in Trump senior adviser Stephen Bannon's Breitbart News, which I have also mentioned in at least one recent comment.

This larger agenda is nothing less than a rollback to the 'Nordics-only" national origin quotas of the above 1924 statute, which was the foundation of America's immigration system before the 1965 immigration reform law which has come under so much criticism from Trump's supporters on the Alt-Right.

First, it is important to say a word or two about the authoritarian, almost monarchical way that these momentous changes in the immigration system based on racial equality and religious freedom that America has had for the past half-century are being made in only the space of a week, as the tolerance and commitment to immigration diversity America has had since 1965 starts to disappear at lightning speed before our very eyes.

At the outset, it is noteworthy that these momentous immigration decrees are being handed down on the basis of one-man decision making only.

The new president, so far, is not even bothering with the formality of presenting the content of these orders to Congress, or even discussing them with Congressional leaders or private organizations involved with immigration either pro or against, at least according to any news reports that I have seen.

While Donald Trump is not required to do so, as he already has the legal power to make drastic changes in immigration on his own, this contrasts with the actions of even Vladimir Putin, who at least went though the motions of submitting his immigration proposals to the Russian Duma (parliament) in 2013.

http://rapsinews.com/legislation_pub...268590432.html

Or, to refer to an older historical precedent, Rome's first emperor, Augustus, often submitted his decrees to the Roman Senate for confirmation even though it was clear that the Senate had no real power.

http://www.pbs.org/empires/romans/empire/senators.html

In my January 26 comment, I discussed Trump's, radical, single handed change in determining who is a "criminal alien" for purposes of prioritization of deportation proceedings among the unauthorized immigrant population, currently estimated at 11 million men, women and children.

Specifically, I showed that according to a degree signed o January 25, Trump is now giving priority for deportation, not only to unauthorized immigrants who have been convicted of a crime, but those who have merely been charged with a crime, or even those who have not been charged with anything but who may have allegedly engaged in conduct which could in theory form the basis of criminal charges.

Thus, by one stroke of a pen, Trump has overturned, at least for the above mentioned purpose of priority for deportation among unauthorized immigrants, almost 2,000 years of Western legal tradition, going back at least to the 4th century A.D. time of the Roman emperor Julian, that a person accused of crime is innocent until proven guilty.

Returning to the topic of Trump's latest announcement regarding about to be issued executive orders, are Muslim immigrants, especially those who are ethnically Arabs, about to become direct successors to the unwanted Jewish immigrants of the 1930's?

According to a 2006 study by a University of Sydney student, Sikeli Neil Ratu

Anti-Semitism and American Refugee Immigration Policy during the Holocaust

the arguments that were used in order to support legislation and policies barring Jews seeking to refuge from Nazi Germany bear a close, and very disturbing, resemblance to the arguments that are being used to day to justify Donald Trump's expected ban on primarily Syrian and other Muslim refugees, as well as immigrants from a number of Arab countries.

(Sorry, I do not have a link to the above article. It can easily be found through Google.)

For another description of the full scope of Trump's expected executive orders, which make a mockery of the most fundamental American values of racial equality and religious freedom, see:

http://www.alternet.org/trump-racist...irst-amendment



To be continued.

Roger Algase
Attorney at Law
algaselex@gmail.com





Submit "Are Trump's Orders to Deport Non-Criminal Immigrants, and Bar Muslims and Refugees, a Return Toward 1924 Europe-Only Quotas? Roger Algase" to Facebook Submit "Are Trump's Orders to Deport Non-Criminal Immigrants, and Bar Muslims and Refugees, a Return Toward 1924 Europe-Only Quotas? Roger Algase" to Twitter Submit "Are Trump's Orders to Deport Non-Criminal Immigrants, and Bar Muslims and Refugees, a Return Toward 1924 Europe-Only Quotas? Roger Algase" to Google Submit "Are Trump's Orders to Deport Non-Criminal Immigrants, and Bar Muslims and Refugees, a Return Toward 1924 Europe-Only Quotas? Roger Algase" to StumbleUpon Submit "Are Trump's Orders to Deport Non-Criminal Immigrants, and Bar Muslims and Refugees, a Return Toward 1924 Europe-Only Quotas? Roger Algase" to Reddit Submit "Are Trump's Orders to Deport Non-Criminal Immigrants, and Bar Muslims and Refugees, a Return Toward 1924 Europe-Only Quotas? Roger Algase" to Digg Submit "Are Trump's Orders to Deport Non-Criminal Immigrants, and Bar Muslims and Refugees, a Return Toward 1924 Europe-Only Quotas? Roger Algase" to del.icio.us

Updated 01-28-2017 at 01:36 PM by ImmigrationLawBlogs

Tags: None Add / Edit Tags

Comments

Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: